The Supreme Court directed authorities to implement AIIMS Jodhpur's medical recommendations for Asaram and permitted him to have a trained 24x7 caretaker while adjourning his medical bail plea

The Supreme Court on Thursday directed the Rajasthan authorities to implement in "letter and spirit" the medical recommendations made by AIIMS Jodhpur for jailed self-styled godman Asaram Bapu, while permitting him to have a trained caretaker of his choice round the clock. The Court, however, adjourned his plea seeking interim bail on medical grounds.

The Bench of Justices M.M. Sundresh and Prasanna B. Varale observed that it would be guided by the AIIMS Jodhpur medical report and expected the State to fully comply with the hospital's recommendations regarding Asaram's treatment and care.

The matter came up shortly after Asaram, who had recently suffered acute internal bleeding, was admitted to AIIMS Jodhpur and sought interim bail citing deteriorating health.

During the hearing, Solicitor General Tushar Mehta, appearing for the State, submitted that the authorities had no objection if Asaram appointed a caretaker of his own choice.

Counsel appearing for Asaram, however, emphasised that the caretaker must be a trained professional, pointing out that the 86-year-old was suffering from multiple medical conditions and required specialised assistance.

Taking note of the submissions, the Bench recorded the Solicitor General's statement that the recommendations made by AIIMS Jodhpur would be implemented "in letter and spirit."

The Court also permitted Asaram to have a trained caretaker of his choice on a 24x7 basis while he remains in custody.

Addressing concerns raised by Asaram's counsel regarding the quality of treatment available in jail, the Bench declined to immediately decide the medical bail plea but granted liberty to seek urgent listing if his condition worsened.

"The application is adjourned. Mention the matter only if the petitioner's health deteriorates," the Bench observed.

Accordingly, the Supreme Court adjourned the medical bail plea while directing continued compliance with the AIIMS Jodhpur medical recommendations.

Previous Hearings

Last month, the Court had directed the Director of the All India Institute of Medical Sciences (AIIMS) to constitute a medical board to examine the health condition of Asaram. During the hearing, Solicitor General Tushar Mehta opposed the plea, questioning the genuineness of Asaram's medical claims. "He got the bail on the ground that he was in a vegetative state. But now he is roaming around," Mehta submitted, referring to Asaram's alleged recent visits to Kashi Vishwanath and Ayodhya.

In June, Asaram had approached the Supreme Court against the Rajasthan High Court's May 2026 decision whereby partly allowed the appeals filed by the self-styled spiritual leader and his co-accused in the 2013 sexual assault case involving a minor girl, setting aside the conviction under Section 376D of the Indian Penal Code (gang rape) and certain provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) but upheld Asaram’s conviction for rape under Section 376 IPC.

A bench of Justices MM Sundresh and Sheel Nagu had issued notice in Asaram's SLP saying that it will consider it. Senior Advocate DS Naidu had appeared for Asaram. "He is 90 now..many medical issues..he was taken to an ayurvedic hospital..This court is our only hope...there is social media conviction now..," Naidu had told the bench. "Let the treatment being given to him continue...list after re-opening..," the bench went on to order.

What happened in the High Court?

In May, a Rajasthan High Court division bench of Justice Arun Monga and Justice Yogendra Kumar Purohit delivered the judgment while deciding criminal appeals challenging the 2018 conviction recorded by the Special POCSO Court at Jodhpur. While acquitting co-accused Sharad and Shilpi of all charges, the Bench held that the evidence on record was sufficient to sustain Asaram’s conviction for rape and therefore declined to interfere with the punishment imposed by the trial court.

The Court also directed Asaram to surrender before the authorities at Jodhpur Central Jail. The judgment comes nearly eight years after the Special POCSO Court convicted Asaram for sexually assaulting a minor girl and sentenced him to life imprisonment. The case attracted significant public attention owing to the stature of the accused and the serious nature of the allegations made by the prosecutrix.

The prosecution case arose from allegations made by a minor girl who accused Asaram of sexually assaulting her at his ashram. According to the prosecution, the assault occurred under the guise of spiritual healing and religious guidance. Following registration of the First Information Report, investigating authorities conducted an inquiry based on medical evidence, witness statements and other circumstantial material before filing a chargesheet against the accused persons.

After a full-fledged trial, the Special POCSO Court at Jodhpur, on April 25, 2018, found Asaram guilty and sentenced him to imprisonment for the remainder of his natural life. The trial court had also convicted the co-accused and imposed substantial terms of imprisonment. Aggrieved by the conviction and sentence, the accused persons approached the High Court through separate criminal appeals.

The Division Bench had reserved judgment on April 20 after the completion of final arguments. Upon examining the evidence and findings of the trial court, the High Court undertook a charge-wise assessment of the prosecution case. While partly allowing the appeals, the Bench reiterated a fundamental principle of criminal jurisprudence that every charge levelled against an accused must be independently established beyond reasonable doubt.

Applying this standard, the Court found that the prosecution had failed to conclusively prove the ingredients necessary to sustain the charge of gang rape under Section 376D IPC and certain aggravated offences alleged under the POCSO Act. As a result, the accused were entitled to the benefit of doubt in relation to those charges. The Court observed that the evidence available on record did not sufficiently establish the allegation of gang rape. Consequently, the conviction under Section 376D IPC was set aside. The Court also found deficiencies in the evidence supporting certain POCSO charges and accordingly interfered with those findings as well.

At the same time, the Bench was clear that the failure of the prosecution to establish every charge did not necessarily undermine the core allegation of rape against Asaram. The Court noted that the testimony and allegations of the prosecutrix, when evaluated alongside the material available on record, remained credible and reliable for the purpose of sustaining a conviction under Section 376 IPC.

Asaram’s conviction under Section 376 IPC and the punishment of imprisonment for the remainder of his natural life therefore continue to remain in force despite the partial relief granted in appeal.

Case Title: Asha Ram @ Ashumal v. State of Rajasthan

Bench: Justices MM Sundresh and PB Varale

Hearing Date: August 6, 2026

Tags: